Every heartbeat recorded by a smartwatch, every night of sleep measured by a ring, and every symptom entered into an app adds to an expanding account of our bodies. As artificial intelligence (AI) creates new possibilities for using that information, we should settle a question before sharing becomes harder to untangle. Who should have meaningful control over the value created from our most personal data?
To me, the answer is obvious. Individuals should retain meaningful control over their body data and share in its commercial value when companies use it beyond providing the service they requested. Otherwise, we risk building an AI economy in which people pay for devices, generate the essential input, and surrender much of the resulting bargaining power.
This is not an argument against wearables or AI. These tools can help people understand their health, while aggregated data may support research. But convenience should not be mistaken for a fair bargain, particularly when consent is buried in lengthy terms, and future uses are difficult to anticipate.
Legal protections are uneven. The Federal Trade Commission explains that many health apps and similar technologies fall outside HIPAA, which regulates the privacy and security of health information held by covered entities and their business associates. Its amended Health Breach Notification Rule addresses breaches involving covered services, including unauthorized disclosures.
That protection matters, but the rule is focused on breach notification rather than giving individuals an ongoing right to control or share in the value of secondary commercial uses. The concern extends beyond legal coverage. A 2025 study published in npj Digital Medicine evaluated privacy policies from 17 wearable manufacturers and identified shortcomings in transparency reporting and other protections.
The researchers assessed written policies, not actual data handling. Even that distinction matters. A reassuring policy cannot, by itself, tell someone where their information has gone.
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